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Home My WebLink About2010 CHARLEEN CIR; ; CB910707; PermitBUILDING PERMIT- 07/03/91 13:-04 Permit No:'-CB.910707 Project No: A9100844 Development No: 1: v. Ste: 3316 07/03/9.1 0001 01 02 ' . C-FRHT 284=00 Construction Type: VN Class Code S? BED/BATH W/DECK - . flppl/OKM , Applied; Apr/Issue 'Validated By 619 438-0470 04/29/91 07/03/91 DC CARLSBAD, CA 92008 * * * Fees Required *** Adjustments: Total Fees: Fee description / /U.;J_ Building Permit plan Check . ((.;},! Strong Motion Fee f ' \^'. I * BUILDING TOTAL \ ' * ' - \ c Enter "Y" for Plumbing Each Plumbing Fixture or Each Building Sewerv * PLUMBING TOTAL Enter "Y" for Electrif Fnter "Y" for Remodel \ •*.„.,/'f-,i r * ELECTRICAL TOTAL .($10;NMitl£mutn)y/ ,. X ' "-':; //..;,- CLEARANCE CITY OF CARLSBAD 2075 Las Palmas Dr., Carlsbad CA 92009 (619) 438-1161 PERMIT APPLICATION City of Carlsbad Building Department 2075 Las Palmas Dr., Carlsbad, CA 92009 (619) 438-nei 1. PERMIT TYPE_ A - n COMMERCIAL QNEWQTENANT IMPROVEMENT B - D INDUSTRIAL DNEW QTENANT IMPROVEMENT C -_J^ESIDENTIAL QAPARTMENT []CONDO QSINGLE FAMILY DWELLING jfcjADDITION/ALTERATION DDUPLEX DEMOLITION DISLOCATION OMOBILE HOME OELECTRICAL QPLUMBING QMECHANICAL £}POOL QSPA QRETAINING WALL nsoLAR D°THER_ 2. PROJIECT INFORMATION PLAN CHECK No./ xy §...y-jp i FOR OFFICE USE ONL Y EST. VAL PLAN CK DEPOSIT_ VALID. 2136 04/29/91 0001 01 02 158=00 Nearest .Cross Streets LEGAL DESCRIPTION Lot No. Subdivision Name/Number CHECK BELOW IF SUBMITTED: D2 Energy Calcs D2 Structural Calcs D? Soils Report Unit No. 1 |1 Addressed Envelope ASSESSOR'S PARCEL EXISTING USE OESCRIPT,™ Or WORK jg^ ^ BA~Tl4 /VO& Kj/b&Clt A-&0VC. Phase No. PROPOSED USE BLOG. SQ. FTG..« OF STORIES 3. CONTACT PERSON CorJsmutc-rtt'J C* CITY SIGNATURE .STATE ADDRESS , ZIP CODE <% 'iOOfr' J DAY TELEPHONE </-3& 4. APPLICANT/ NAME CONTRACTOR . DAGENT FOR CONTRACTOR ADDRESS DOWNER STAT ZIP CODE D AGENT FOR OWNER DAY TELEPHONE 5. PROPERTY OWNER ADDRESS ZIP CODE DLESSEE QTENANT DAY TELEPHONE 6. CONTRACTOR NAME CITY SIGNATURE STATE LIC. # STATE M>2/6f ADDRESS ZIP CODE LICENSE CLASS &-/ DAY TELEPHONE CITY BUSINESS LIC. # DATE DESIGNER NAflE / cm )T>P*L C-fl.Z^dS DAY TELEPHONE STATE 7. WORKERS' COMPENSATION Workers' Compensation Declaration: I hereby affirm that I have a certificate of consent to self;insure issued by the Director of Industrial Relations, or a certificate of Workers' Compensation Insurance by an admitted insurer, or an exact copy or duplicate thereof certified by the Director of the insurer thereof filed with the Building Inspection Department (Section 3800, Lab. C). INSURANCE COMPANY POLICY NO.EXPIRATION DATE Certificate of Exemption: I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of California. SIGNATURE DATE 8. OWNER-BUILDER DECLARATIONUHrcC.I\-PUJ.l-UC.I\ 1/C.lLHKH I lUn ; ; Owner-Builder Declaration:I hereby affirm that I am exempt from the Contractor's License Law for the following reason: I | I as owner of the property or my employees with wages as their sole compensation, will do the work and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon,, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner-builder will have the burden of proving that he did not build or improve for the purpose of sale.). D I1, as owner of the property,.am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and contracts for such projects with contractor(s). licensed pursuant to the Contractor's License Law). I am exempt under Section _Business and Professions Code for this reason: (Sec. 7031.5 Business and Professions Code: Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law (Chapter 9, commencing with Section 7000 of Division 3 of the Business and Professions Code) or that he is exempt therefrom, and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars [$500]). SIGNATURE DATE COMPLETE THIS SECTION FOR NON-RESIDENTIAL BUILDING PERMITS ONLY: Is the applicant or future building occupant required to submit a business plan, acutely hazardous materials registration form or risk management and prevention program under Sections 25505, 25533 or 25534 of the Presley-Tanner Hazardous Substance Account Act? DYES DNO . Is the applicant or future building occupant required to obtain a permit from the air pollution control district or air quality management district? DYES DNO ' Is the facility to be constructed within 1,000 feet of the outer boundary of a school site? DYES QNO . IF ANY OF THE ANSWERS ARE YES, A FINAL CERTIFICATE OF OCCUPANCY HAY NOT BE ISSUED AFTER JULY 1. 1989 UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFFICE OF EMERGENCY SERVICES AND THE AIR POLLUTION CONTROL DISTRICT. 19. CONSTRUCTION LENDING AGENCY I hereby affirm that there is a construction lending agericy for the performance of the work for which this permit is issued (Sec 3097(i) Civil Code). LENDER'S NAME /Y/Q. LENDER'S ADDRESS 10. APPLICANT'S SIGNATURE I certify that I have read the application and state that the above information is correct. 1 agree to comply, with all City ordinances and State laws relating to building construction. 1 hereby authorize representatives of the City of Carlsbad to enter upon the above mentioned property for inspection purposes. I ALSO AGREE TO SAVE INDEMNIFY AND KEEP HARMLESS THE CITY OF CARLSBAD AGAINST ALL LIABILITIES, JUDGMENTS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT. • Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days (Section 303(d) Uniform Building Code). APPLICANT'S SIGNATURE D PHONE APPROVED BY: DATE: WHITE: File YELLOW: Applicant PINK: Finance 11/23/92 INSPECTION HISTORY LISTING FOR PERMIT# CB910707 DATE INSPECTION TYPE 01/03/92 Interior Lath/Drywall 01/03/92 Interior Lath/Drywall 12/12/91 Interior Lath/Drywall 12/12/91 Interior Lath/Drywall 12/12/91 Exterior Lath/Drywall 12/12/91 Exterior Lath/Drywall 12/06/91 Insulation 12/06/91 Insulation 12/04/91 Frame/Steel/Bolting/Wel 12/04/91 Frame/Steel/Bolting/Wel 12/04/91 Rough Electric 12/04/91 Rough Electric 12/02/91 Frame/Steel/Bolting/Wel 12/02/91 Frame/Steel/Bolting/Wel 10/29/91 Frame/Steel/Bolting/Wel 10/29/91 Frame/Steel/Bolting/Wel 10/29/91 Roof/Reroof 10/29/91 Roof/Reroof 10/29/91 Rough Electric 10/29/91 Rough Electric 10/16/91 Frame/Steel/Bolting/Wel 10/16/91 Frame/Steel/Bolting/Wel 07/08/91 Ftg/Foundation/Piers 07/08/91 Ftg/Foundation/Piers 07/08/91 Rough/Topout 07/08/91 Rough/Topout 07/05/91 Ftg/Foundation/Piers 07/05/91 Ftg/Foundation/Piers 07/05/91 Rough/Topout INSP ACT COMMENTS RI MP RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI PD RI RI AP RI AP RI AP RI AP RI AP RI AP RI CO RI NR RI AP RI NR RI CA RI AP RI AP RI CA RI RS/JUDY/438-0470 MH/RAY/438-0470 MH/RAY/438-0470 MH/RAY/438-0470 MH/RAY/438-0470 MH/RAY/438-0470 MH/JUDY/438-0470 ON CARD MH/RAY/438-0470 MH/RAY/438-0470 MH/RAY/438-0470 RS/IDEAL/438-0470 MH/RAY/438-0470 REVISED SETBACKS MH/RAY/438-0470 REVISED SETBACKS MH/RAY/438-0470 MH/RAY/438-0470 HIT <RETURN> TO CONTINUE... ESGIL CORPORATION 9320 CHESAPEAKE DR., SUITE 2O8 SAN DIEGO, CA 92123 (619) 56O-I468 DATE: JURISDICTION: PLAN CHECK NO: PROJECT ADDRESS: PROJECT NAME: SET: fen? < ! APPLICANT JURISD I CTIO>\"PLAN CHECKER GFILE COPY HUPS ""DESIGNER The plans transmitted herewith hav.e been corrected where necessary and substantially comply with the jurisdiction's building codes. The plans transmitted herewith will substantially comply with the jurisdiction's building codes when minor deficien- cies identified QU -rhH~. G-T-r&c.i-ftX} _ are resolved and D _ checked by building department staff. The plans transmitted herewith have significant deficiencies identified on the enclosed check list and should be corrected and resubmitted for a complete recheck. -j The check list transmitted herewith is for your information. The plans are being held at Esgil Corp. until corrected plans are submitted for recheck. D The applicant's copy of the check list is enclosed for the jurisdiction to return to the applicant contact person. [j The applicant's copy of the check list has been sent to: Esgil staff did not advise the applicant contact person that plan check has been completed. jj Esgil staff did advise applicant that the plan check has —' been completed. Person contacted: Date contacted: REMARKS : Telephone #_ QIU c ^.i-^o ;. \twi aBYESGIL CORPORATION DGA L]AA DRN Hi Enclosures: - c»-<£?-/ 2-s.e. tTs.lci.AJ Date Jurisdiction Prepared byt VALUATION AND PLAN CHECK FEE Q Bldg. Dept. O Esgil PLAN CHECK NO. BUILDING ADDRESS APPLICANT/CONTACT BUILDING OCCUPANCY Ctftf /£/- g'Mg" G//ST: PHONE NO. 4*3? C#rjQ DESIGNER PHONE TYPE OF CONSTRUCTION CONTRACTOR PHONE BUILDING PORTION /h?0 Liu/nsfr- flrtio £>t^tz. Air Conditionine Commercial Residential Res. or Comm. Fire S-orinklers Total Value BUILDING AREA Z£& C* 322- & VALUATION MULTIPLIER \ 7Z.ee ^ /0> 5^> @ 0 @ VALUE - Z-0 5~3 2. f 3.Z 7C*/ i ^J3 8'6> ? Building Permit Fee $ Plan Check Fee $ COM H E N T 5: SHEET OF 12/87 g BUILDING PLANCHECK f K ENGINEERING DATE: 2 MAY ^ 1 L^J ITEM COMPLETE ' & V (A ^ PLANCHECK NO. °) I -'010"7 *$ ITEM INCOMPLETE n ' NEEDS YOUR ACTION & <Fi 2 3 2QIO GHflGLEE'vl C.1IXLE ITEM SELECTED S N R TDD /A.RN. 2Q5- C C C PROJECT ID: H H H E E E LEGAL REQUIREMENTS K K K Site Plan -^ '—' '—* 1. Provide a fully dimensioned site plan drawn to scale. Show: north arrow, property lines, easements, existing and proposed structures, streets, existing street improvements, right-of-way width and dimension setbacks. 2. Show on site plan: Finish floor elevations, pad elevations .^e-1-eva-t-i-ons—o£~ finish grade adg-ac.ent to building, <exj-^ting^ topographical lines, (^xisting and propj9j=yj|dJ.as^p^sv,TO^riVe*w1^ (*T—"grade and (^orainage patterns. ^1»» u.-.,JL--Tran*«l> —J 3. Provide legal description and Assessors Parcel Number. Discretionary Approval Compliance '—' '—' 4. No Discretionary approvals were required. '—' '—' '—' 5. Project complies with all Engineering Conditions of Approval for Project No. __. '—' '—' '—' 6. Project does not comply with the following Engineering Conditions of Approval for Project No. Conditions complied with by: Date; Field Review — —' '—' 7. Field review completed. No issues raised. Field review completed. The following issues or discrepancies with the site plan were found: —' A. Site lacks adequate public improvements '—' '—J '—' B. Existing drainage improvements not shown or in conflict with site plan.nnn C. Site is served by overhead power lines. P:\DOCS\MISFORMS\FRM0010.DH REV. 02/27/91 '—' '—' '—' D. Grading is required to access .site, create pad or provide for ultimate street improvement. '—' '—' '—' E. Site access visibility problems exist. Provide onsite turnaround or engineered solution to problem. nnn F. Other: Dedication Requirements 9. No dedication required. 10. Dedication required. Please have a registered Civil Engineer or Land Surveyor prepare the appropriate legal description together with an 8V x 11" plat map and submit with a title report and the required processing fee. All easement documents must be approved and signed by owner(s) prior to issuance of Building Permit. The description of ; the dedication is as follows :^__ Dedication completed, Date ; By:. Improvement Requirements nnc J 11. No public improvements required. SPECIAL NOTE; Damaged or defective improvements found adjacent to building site must be repaired to the satisfaction of the City inspector prior to occupancy. '—''—''—'l2. Public improvements required. This project requires construction of public improvements pursuant to Section 18.40 of the City Code. Please have a registered Civil Engineer prepare appropriate improvement plans and submit for separate plancheck process through the Engineering Department. Improvement plans must be approved, appropriate securities posted and fees paid prior to issuance of permit. The required improvements are: Improvement plans signed, Date: by: P:\DOCS\MISFORMS\FRM0010.DH REV. 02/27/91 "inn c <A_i i—ii—i 13. improvements are required. Construction of the public improvements may be deferred in accordance with Section 18.40 of the City Code. Please submit a letter requesting deferral of the required improvements together with a recent title report on the property and the appropriate processing fee so we may prepare the necessary Future Improvement Agreement. The Future Improvement Agreement must be signed, notarized and approved by the City prior to issuance of a Building Permit. Future Improvement Agreement completed, Date; £> " "M.^i By; K> ^-C^SL^ \p-^\-<-^ P^>. f^o "if&z^ '—' '—' '—' 13a. Inadequate information available on site plan to make a determination on grading requirements. Please provide more detailed proposed and existing elevations and contours. Include accurate estimates of the grading quantities (cut, fill, import, export). '—' '—' 14. No grading required as determined by the information provided on the site plan. i—I I—I LJ 15f Grading Permit required. A separate grading plan prepared by a registered Civil Engineer must be submitted for separate plan check and approval through the Engineering Department. NOTE; The Grading Permit must be issued and grading substantially complete and found acceptable to the City Inspector prior to issuance of Building Permits, Grading Inspector sign off. Date: by: Miscellaneous Permits Right-of-Way Permit not required. '—' '—' '—' n'7 Right-of-Way Permit required. A separate Right-of-Way Permit issued by the Engineering Department is required for the following: 18. Sewer Permit is not required. 19. Sewer Permit is required. A sewer Permit is required concurrent with Building Permit issuance. The fee required is noted below in the fees section. 20. Industrial Waste Permit is not required. P:\DOCS\MISFORMS\FRM0010.DH REV. 02/27/91 >•'—' *••—' '—' 21. Industrial Waste Permit is required. Applicant must complete Industrial Waste Permit Application Form and » submit for City approval prior to issuance of a Building Permits. Permits must be issued prior to occupancy. Industrial Waster Permit accepted - Date: By: : . Fees Required D KJ/fl 27. Park-in-Lieu Fee Quadrant: Fee per Unit: Total Fees: D Nl/4 23. Traffic Impact Fee Fee Per Unit: Total Fee: 24. Bridge and Thorough fare Fee Fee Per Unit: Total Fee: D M/5 25. Public Facilities Fee required. D M/A 26. Facilities Management Fee Zone: _ Fee: D M//) 27. Sewer Fees Permit No. _ EDU's Benefit Area: _ Fee: Q M//91 28. Sewer Lateral Required: Fee: _ 29. REMARKS; EXECUTE" A\SD RETURN? POTUEBE ENGINEERING AUTHORIZATION TO ISSUE PERMIT BY:S.^CMEDELL DATE: 250UNJ P:\DOCS\MISFORMS\FRM0010.DH REV. 02/27/91 PLANNING CHECKLIST 0 Plan Check No. 91 - 707 Address 3. 6 /£> << Planner D/i/rJ. ft. _ Phone 438-1161 ext. re (Name) .2(35 - 130 - CO <0 IBa a a APN: Type of Project and Use IM5- Zone *- j Facilities Management Zone |_ Legend CQ (Q (0 a a a Item Complete Item Incomplete - Needs your action 1, 2, 3 Number in circle indicates plancheck number where deficiency was identified D Environmental Review Required: YES NO jS_ TYPE DATE OF COMPLETION: * Compliance with conditions of approval? If not, state conditions which require action. Conditions of Approval D D Discretionary Action Required: YES NO v- DATE:APPROVAL/RESO. NO. PROJECT NO. OTHER RELATED CASES: Compliance with conditions of approval? If not, state conditions which require action. Conditions of Approval D D California Coastal Commission Permit Required: YES NO DATE OF APPROVAL: San Diego Coast District, 1333 Camino Del Rio South, Suite 125, San Diego, CA. 92108-3520 (619) 297-9740 Compliance with conditions of approval? If not, state conditions which require action. Conditions of Approval ; D D Landscape Plan Required: YES NO DD DD /' DD DD D an slan ETID nan See attached submittal requirements for landscape plans Site Plan: Zoning: 1. 2. 3. 4. Provide a fully dimensioned site plan drawn to scale. Show: North arrow, property lines, easements, existing and proposed structures, streets, existing street improvements,, right-of-way width and dimensioned setbacks. Show on Site Plan: Finish floor elevations, elevations of finish grade adjacent to building, existing topographical lines, existing and proposed slopes and driveway. Provide legal description of property. Provide assessor's parcel number. 1. Setbacks: Front: Int. *Side: Street Side: Rear: 2. Lot coverage: 3. Height: 4. Parking: Additional Comments Required Required Required Required Required Required Spaces Required Guest Spaces Required 3° Shown o2f 6 £'<" Shown 7^ " s/fl- Shown ^ /3'^" Shown &J-2^I<?< ^x% Shown °A 3£ Shown tZ.0 V'*\~ Shown ^ Shown OK TO ISSUE AND ENTERED APPROVAL INTO COMPUTER DATE PLNCK.FRM I-DEAL CONSTRUCTION 619-438-0470 MAY 2 0 1991 2958 Madison Suite 101 Carlsbad, CA 92008 May 16>> 1991 City of Carlsbad Community Development Engineering Department 2075 Las Palmas Drive Carlsbad, Ca. 92008 Attn; David Hauser Re: APN 205-330-16 2010 Charleen Circle- Shea's room addition Dear Mr. Hauser: We have received a Future Improvement Agreement along with a check list from the City of Carlsbad Engineering Department„to be filled out before we can obtain a Building Permit for a room addition. In accordance with 18.40 of the city code we are submitting this Deferral letter to you. There are several reasons to Not Do the requested improvements on our property. 1 - Our house is located on a CulDeSac therefore there is not much pedistrian traffic. 2- None of our neighbors have side-walks along their property except at their drive-way (including ours). 3- There is a very large tree located in the area of said improvements. 4- Besides my tree, the street as a whole has trees planted in front of all the properties and we feel if this tree were to be removed it would detract from the neighborhood greatly and affect bird species in the area. 5- Next to a tree is a fire hydrant that would have to be addressed. 6- The topography of the proposed side-walk area is at least 18" higher than the adjacent curb and gutter requiring more that standard grading, thus in our opinion may cause a drainage problem on our property. I hope these reasons are more than adequate to justify our desires NOT to install any said improvements along the frontage of our property. Thankjyou for taking an interest in this matter. Your prompt attention is greatly appreciated. Enclosed are pictures of the described property. Mr. & Mrs. Michael C. Shea RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, CA 92008 ) Space above this line for Recor- der's use. CITY OF CARLSBAD Permit No. CB 91-0707 Parcel No.205-330-16 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Michael C. Shea and Susan G. Shea, hereinafter referred to as "Property Owner." RECITALS WHEREAS, Property Owner has applied to City for a Building Permit Number 91-0707 for the real property hereinafter described, now under Property Owner's ownership; and WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this Building Permit; and WHEREAS, Property Owner has requested that approval of said Building Permit be granted by City in advance of the time said improvements are to be made; and 1 Rev. 9/20/90 WHEREAS, Property Owner, in consideration of the approval of said Building Permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for (none required). Section 2. \ That Property Owner, in lieu of making the hereinafter described improvements before approval of said Building Permit is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engineer within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before June 1, 1993, or within such further period of time as is granted by City, provided, however, that upon the happening of either of the following occurrences said improvements may, at the sole election of City, be required to be made sooner than said date or such extended period of time which may have been granted by City: (a) When the City Council finds that the owners of 40% or more of the frontage, including the frontage of Property Owner, between intersecting streets on both sides of the street upon which the property herein described has frontage, have agreed with City to install street improvements to City specifications. (b) When owners of more than 50% of the frontage, between intersecting streets on both sides of the street upon 2 Rev. 9/20/90 which the property herein described has frontage, have petitioned the City to form an improvement district for the improvement of said streets. Said improvements shall be made without cost or expense to City. City estimates that the cost of, engineering and construction of said improvement at the time of signing this contract is one thousand twelve and NO/100 DOLLARS ($1,012.00). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at this time and that the actual cost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $1,012.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successors, hen as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improvements, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Property Owner, Property Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made 3 Rev. 9/20/90 herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Owner's successors, heirs, assigns or transferees, and the lien hereby created shall .be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees1 sale of any such purchase money mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, the Property Owner, Property Owner's successors, heirs, assigns or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering and improvements at the time of such deposit or posting as ascertained by the City Engineer, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any portion of it as to which said deposit or posting applies, from the provisions of this agreement, and to execute any necessary release to enable the record title of the property to be released from the lien herein imposed. Section 6. Said City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee 4 Rev. 9/20/90 thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner's successors, heirs, assigns or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's successors, heirs, assigns or transferees, further agrees to protect said City and the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of City. Section 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: LOT 15 VILLAGE HOMES UNIT 2. MAP NO. 4165 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER MAY 5. 1959 Rev. 9/20/90 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS Sidewalk 220 SF 15% Contingency TOTAL Executed by Property Owner this ESTIMATED COSTS $ 880.00 132.00 $T,012.00 day Of - J~--v C _, 19 i( . PROPERTY OWNER CITY OF CARLSBAD a municipal corporation of the State of California (Name of Propert, By: (sign Michael C. Shea for City Manager (print name here) ATTEST: (title and organization of signatory) By:. (sign here) Susan G. Shea (print name here) ALETHA L. RAUTENKRANZ, City Clerk (title and organization of signatory) (Proper notarial acknowledgement of execution by PROPERTY ONWER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or •;«•>- ant secretary under corporate seal empowering that officer STATE OF CALIFORNIA COUNTY OF On this _ DAREN VASS ""Ml"? CALIFORN, WITNESS my. hand and official seal. ACKMniM c r